BUILDING, PLANNING & ENVIRONMENTAL HEALTH
- BUILDING & PLUMBING
- ENVIRONMENTAL HEALTH
- VISITOR ACCOMMODATION CHANGE OF USE
- RHEBAN ROAD, ORFORD REZONING AND SUBDIVISION
THE BUILDING ACT 2016
From the 1st of January 2017, the Tasmanian State Government has introduced the new Building Act 2016. The new act regulates all building and plumbing work in Tasmania, and the laws and codes apply to everyone who is undertaking building/plumbing work.
These regulations change the current way building and plumbing permits are issued and categorise work into “low risk”, “notifiable (medium risk)” or “permit (high risk)” work.
It is your responsibility as the property owner to ensure that appropriate building/plumbing approval is in place prior to commencement of any building work.
For more information on the new changes please visit the following link www.cbos.tas.gov.au
YOUR ROLE AS AN OWNER
As the owner of a property or building, you have the following responsibilities under the Building Act 2016 when building and plumbing work is performed:
- ensure work is performed by appropriately qualified and licensed contractors and/or practitioners
- provide correct information to the contractor or practitioner in relation to the proposed work
- ensure the premises where the work is to be performed is clearly identified
- ensure adjoining properties are protected
- do not allow the building to be occupied until an occupancy permit is issued (when required)
- supply sufficient information to another owner for them to maintain the premises
- notify the permit authority or building surveyor (where appropriate) if the responsible person for the building, plumbing or demolition work changes
- ensure the work is completed before the permit expires
HOW TO DETERMINE IF I NEED BUILDING/PLUMBING APPROVAL?
Unfortunately as Council has no Building Surveyor on staff, Council Employees are not qualified to make this determination for you, and cannot offer any advice. If you are in need of any advice, or you are not sure whether your proposal requires building/plumbing permits, you will need to contact a private building surveyor or Consumer, Building and Occupational Services
Note: there are substantial penalties for undertaking building and plumbing work without a permit.
HOW MUCH WILL BUILDING / PLUMBING APPROVAL COST?
The cost of a building / plumbing approval is dependent on the class of building and the value of the works.
If the value of works is greater than $20,000, you will be required to pay State Government levies.
For more information on the State Government levies please click here
Note: Don’t forget to check if planning approval is required!
Businesses that prepare and sell food are registered in Council’s database and regular inspections are carried out to ensure compliance with the Food Act 2003.
Place Of Assembly
Council administers an effective immunisation service for the Community, which involves consultation and communication with schools and the Community.
For further information regarding immunisations you can access the Department of Health & Human Services website by clicking here
Supplier of Private Water
For further information regarding supplier of private water you can access the Department of Health & Human Services website by clicking here
For further information regarding water carriers you can access the Department of Health & Human Services website by clicking here
For further information regarding tank water you can access the Department of Health & Human Services website by clicking here
Please contact Council’s Environmental Health Officer, Natalie Rogers on 03 6256 4771.
Application form available here.
Planning Approval Process
One of Glamorgan Spring Bay Councils core responsibilities is to regulate the use and development of the land in its municipal area. The planning approval process regulates ‘use’ and ‘development’ of land by assessing proposals against the Glamorgan Spring Bay Interim Planning Scheme 2015.
View the Planning Scheme
The Glamorgan Spring Bay Interim Planning Scheme 2015 took effect on 5th August 2015 and can be accessed online through the iplan website by clicking here. If you have difficulties using iplan please review the iplan help page here.
A feature of iplan that is extremely useful is the online planning enquiry which can be assessed by clicking here. The enquiry will provide information on the zone of the property, and any overlays that apply as well as providing links to the scheme text and to www.thelist.tas.gov.au, which has a range of useful information.
In particular the Planning Authority (Council) will examine the impact that the proposed development or use will have on the surrounding area. You need to submit a Development Application to obtain a Planning Permit (also known as planning approval) from Glamorgan Spring Bay Council whenever you want to;
- undertake building works
- make alterations to a building
- change the use of a building (such as from a house to a short term holiday accommodation or outbuilding to dwelling)
- undertake land clearing
- excavate land or place fill or construct an access
- erect signage
- make other modifications to a building or land
- subdivide land
Almost all building works will require planning approval first. All use and development exempt from requiring Planning Approval is listed in the Planning Scheme under the following sections:-
- 5.0 General Exemptions or
- 6.0 limited Exemptions.
If your proposal is not listed you will require planning approval.
However you should always contact the Council to find out whether you need planning approval for any use or development you might be considering. Council will also give you advice on the information you will need to provide.
How long does planning approval take?
Legislation requires Councils to process applications within a maximum timeframe depending on the type of application. A discretionary application (S57 / requires advertising) must be assessed within a 42 day timeframe and a permitted application (S58 / does not require advertising) must be assessed within a 28 day timeframe. Some applications in residential areas have a No Permit Required status and are assessed within 7 days. These timeframes are the maximum amount of time Council’s has, however, the processing times varies depending on;
- The complexity of the application;
- Whether all the necessary information has been provided at the beginning. If further information is requested by Council the “clock” will stop and restart once the request for further information has been satisfied.
The applicant must be informed by Council of their decision within 7 days of the permit being granted and an applicant has the right to appeal any conditions on the permit. Further information on appealing Council decisions can obtained from the Resource Management and Planning Appeal Tribunal website www.rmpat.tas.gov.au
When do I need a Planning Permit?
Planning Permits are required for any Use or Development. The Use Tables for each zone state which types of Use or Development are classified No Permit Required, Permitted, Discretionary or Prohibited.
The five classification types: Exempt, No Permit Required, Permitted, Discretionary and Prohibited are explained below:
General Exemptions & Limited Exemptions:
Section 5 and 6 of the Planning Scheme lists the types of Use or Development that are exempt from requiring a Planning Permit. However, it is important to note that building, plumbing or other approvals may be required from Council. If you consider that an exemption applies and would like that confirmed, please contact Council.
Any other Use or Development requires assessment against the Scheme to determine if the development is classified No Permit Required, Permitted, Discretionary or Prohibited.
No Permit Required:
No Permit Required Use or Development means that the proposed Use or Development complies with the relevant provisions of the Planning Scheme and does not require a Planning Permit. Planning assessment is still required and plans and application form must be lodged with Council to confirm and record as a “No Permit Required”. Often a house in the General Residential and Low Density Residential Zones can be considered No Permit Required if they comply with all the development standards of the Planning Scheme.
Permitted Use or Development:
A Permitted Use or Development means that an application must be lodged with Council for a Planning Permit and ultimately Council must approve the application providing that all the relevant standards of the Planning Scheme are complied with.
Discretionary Use or Development:
A Discretionary Use or Development requires a planning application to be lodged with Council. The discretionary application can either be approved with or without conditions or refused by Council. Discretionary applications are required to be advertised for 14 days during which time the application is on public display and written representations can be lodged to Council on the proposal. This advertising period also requires Council to place an advertisement in a newspaper, erect a sign on the property boundary and send letters to the adjoining property owners.
Prohibited Use or Development:
A Prohibited Use or Development means that a particular Use or Development cannot be undertaken in a zone as stipulated in the Use Tables for each zone. Applications can also become prohibited if certain provisions of the Scheme are not complied with.
How to interpret acceptable solutions and performance criteria
Each Planning scheme standard will have acceptable solutions and performance criteria. They are alternate ways to meet the standard. Acceptable solutions are measurable while performance criteria are subjective. If your development does not met an applicable acceptable solution, it will be discretionary and assessed against the performance criteria. In some cases the planning scheme will state ‘no acceptable solutions’ or ‘no performance criteria’ which determines the pathway through the scheme.
Extension of Time:
Sometimes it is not possible for Council to make a determination on a planning application within the stipulated timeframe and as such Council is required to request an extension of time from the applicant. This extension of time request is generally negotiated with the applicant and both parties must agree in writing.
How does Council make its decision?
When Council is considering a planning application it is acting in its role as a planning authority.
Applications that are permitted or discretionary application that do not receive representations are assessed under delegation.
Applications are taken to Council Meetings when a discretionary application receives representations to the proposal, or if an application is recommended for refusal. At the Council Meeting a report and recommendation will be tabled to the Councillors and the Councillors will make the determination on the proposal.
Notification of the Decision:
Council will notify the applicant and representor/s, if applicable, in writing within seven days of the decision being determined.
The applicant and or representor/s can lodge an appeal against a condition or a decision to the Resource Management and Planning Appeal Tribunal (RMPAT). Appeals are required to be submitted to RMPAT within 14 days of the decision with the relevant fee.
When does my Planning Permit become valid?
Planning Permits do not become valid until 14 days after the decision has been notified to the applicant and representor/s (if applicable). This 14 day period allows for appeals to be lodged within this timeframe. If there were no representations lodged to a proposal then the applicant may choose to waiver the appeal rights. This means that the Planning Permit becomes valid immediately and the Building Permit can be released subject to relevant planning conditions being complied with and the building assessment being completed. Where an application receives representations to the proposal, the right of appeal cannot be waivered because the representor/s also have the right to lodge an appeal within 14 days. If an appeal is lodged against an application then the Planning Permit does not become valid until the appeal is resolved.
What other approvals are required?
Separate applications must be submitted for Building, Plumbing, and Demolition permits. Information on the Building, Plumbing & Demolition procedure can be found on our website at http://www.gsbc.tas.gov.au/page.aspx?u=512 or phone 62564777
How do I obtain further information?
Council planning officers are available between 8.00am and 5.00pm for assistance Phone 62564777 or email firstname.lastname@example.org.
How to I apply?
Application for Planning Approval is the first application that must be made if proposing any development. The application form outlines the information that Council may require to be submitted as part of the application. The application may be posted to Glamorgan Spring Bay Council PO Box 6 Triabunna Tas 7190 or emailed to email@example.com
View current Planning Applications
Currently advertised Planning Applications can be viewed on our website at http://www.gsbc.tas.gov.au/publicArea1/publicnotices, Triabunna Council Offices and Swansea Visitor Information Centre. Coles Bay and Bicheno applications can be view at Coles Bay Post and Bicheno Post Office respectively
iplan – to view the planning scheme or search for information on your property
The List – to view aerial imagery and other useful maps
Adopted Structure Plans
Development In Areas With Native Vegetation
For more information on what is required if you are proposing clearing any native vegetation for development please refer to the attached Guidelines.
As from the 1st July 2017, the State Government introduced new guidelines and regulations regarding visitor accommodation. To find out more please click here
At its 27 November 2018 meeting, Council resolved to initiated two related planning scheme amendments in the vicinity of Rheban Road, East Shelly Road and Jetty Road, Orford and to approve a draft subdivision permit for 1 lot into 91 residential lots plus public open space and road lots.